On 12 July, Chris
Black, head of legal work for the International Committee
to Defend Slobodan Milosevic (ICDSM), held a press
conference. He announced that Milosevic's Dutch lawyers
would take action in the Dutch courts, contesting his
kidnapping and incarceration at NATO's 'Tribunal' in The
Hague. Black refused to reveal the details of Mr.
Milosevic's strategy. The following article from a Dutch
newspaper, in which an expert on international law
discusses his possible strategy, is speculation, but
interesting nonetheless.

Note that the
expert says:

"Strijards is of opinion
the way the Tribunal has handled the extradition, has
been 'very unfortunate'. The fact that the President
of the Tribunal, judge Jorda, in advance and already
before the lawsuit has started, to the media has
declared that the extradition of Milosevic 'judicial
legitimate' was, is according to Strijards unwise.
'Can you than speak of independent and impartial
jurisdiction? He should have waited till the lawsuit.'"

Strijards' point is well taken;
if anything, he understates. One of the main functions of
the 'Tribunal' since its inception has been to issue
statements and stage 'photo-opportunities' attacking the
Serbs and supporting NATO. These attacks have included
the crudest yellow-journalism, with Tribunal officials
posing next to supposed mass grave sites and declaring
that many bodies will
be unearthed and that Serbian forces will
be found guilty.

The 'Tribunal' has been declaring
President Milosevic guilty - and NATO innocent - as far
back as the bombing of Yugoslavia. For example, a few
weeks before the 'Tribunal' issued its indictment of
Milosevich and other Yugoslav leaders, prosecutor Louise
Arbour held a joint press conference with U.S. Secretary
of State Albright.

Excerpts from that
press conference are posted in 'The Love Song of Arbour
and Albright' at http://emperors-clothes.com/milo/lovie.htm Suffice it to say that even before
bringing so-called charges against President Milosevich,
Arbour allowed herself to be used as a poster girl for
NATO's virtue (she calls NATO countries her necessary
"partners"!) and Milosevic's 'guilt.'

These guys don't even make a
decent pretence of
impartiality.

-- Jared Israel

***

HAS MILOSEVIC A
CHANCE BEFORE THE DUTCH COURT?

By Gertie Schouten
Dutch morningpaper 'TROUW'
Saturday, July 14, 2001

Slobodan Milosevic has good arguments when he
shortly will demand his release before a Dutch judge.
That is the opinion of Gerard Strijards, professor of
international criminal law at the University of Groningen.

First, Article 15 of the (Dutch) Constitution
says that no one can be hold in detention, other than on
basis of the Dutch law or judicial order, something that
is not applicable on Milosevic.

Second, according to Strijards, Milosevic can
allege that he has been illegally 'kidnapped from his
country. His extradition to the Yugoslav Tribunal is
namely in violation with Article 2 of the (Dutch)
Constitution, the Yugoslav law, and also Article 5 of the
European Treaty of Human Rights, in which is laid down
the right for every person to at least one time to appeal
before a court, before his removal.

Nevertheless, Strijards expect that the
District Court, and in higher appeal the Federal Court
and the Supreme Court will declare the case non-receptive,
on the basis of the charter of the United Nations.
Article 103 of the Charter - a 'guillotine-regulation' -
stipulates that UN-regulations take precedents of the
Dutch law, no matter the Dutch constitutional principles.

However, it becomes interesting according to
Strijards, when the lawyers of Milosevic in about a year
of two, after all Dutch procedures have been finished,
will end at the European court of Human Rights in
Strasbourg. I this court there are also many judges from
Eastern Europe and many of them are very critical of the
Yugoslav Tribunal.

This court could possibly decide that the
detention of Milosevic indeed is in violation with
fundamental rights. That could bring The Netherlands in a
very difficult judicial position, when the European court
demands his release against the wish of the Tribunal.

Strijards is of opinion the way the Tribunal
has handled the extradition, has been 'very unfortunate'.
The fact that the President of the Tribunal, judge Jorda,
in advance and already before the lawsuit has started, to
the media has declared that the extradition of Milosevic
'judicial legitimate' was, is according to Strijards
unwise. "Can you than speak of independent and
impartial jurisdiction? He should have waited till the
lawsuit".

The lawyers of Milosevic have said last
Wednesday also to challenge the legality of the Tribunal
before the Dutch court, because it is created by the UN
Security Council and not the General Assembly.

According to Strijards, this argument will not
have a chance with the Dutch judge. "He will not
judge that."

In this press conference, held
while NATO bombed Yugoslavia, "Arbour allowed
herself to be used as a poster girl for NATO's virtue (she
calls NATO countries her necessary "partners"!)
and Milosevic's 'guilt.'"

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